Committee
on Economic, Social and Cultural Rights, General Comment 4, The right to adequate
housing (Sixth session, 1991), U.N. Doc. E/1992/23, annex III at 114 (1991),
reprinted in Compilation of General Comments and General Recommendations Adopted
by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 18 (2003).*

1. Pursuant to article 11 (1) of the Covenant, States parties "recognize
the right of everyone to an adequate standard of living for himself and
his family, including adequate food, clothing and housing, and to the continuous
improvement of living conditions". The human right to adequate housing,
which is thus derived from the right to an adequate standard of living,
is of central importance for the enjoyment of all economic, social and
cultural rights.

2. The Committee has been able to accumulate a large amount of information
pertaining to this right. Since 1979, the Committee and its predecessors
have examined 75 reports dealing with the right to adequate housing. The
Committee has also devoted a day of general discussion to the issue at
each of its third (see E/1989/22, para. 312) and fourth sessions (E/1990/23,
paras. 281-285). In addition, the Committee has taken careful note of information
generated by the International Year of Shelter for the Homeless (1987)
including the Global Strategy for Shelter to the Year 2000 adopted by the
General Assembly in its resolution 42/191 of 11 December 1987. a
The Committee has also reviewed relevant reports and other documentation
of the Commission on Human Rights and the Sub-Commission on Prevention
of Discrimination and Protection of Minorities. b

3. Although a wide variety of international instruments address the
different dimensions of the right to adequate housing c
article 11 (1) of the Covenant is the most comprehensive and perhaps the
most important of the relevant provisions.

4. Despite the fact that the international community has frequently
reaffirmed the importance of full respect for the right to adequate housing,
there remains a disturbingly large gap between the standards set in article
11 (1) of the Covenant and the situation prevailing in many parts of the
world. While the problems are often particularly acute in some developing
countries which confront major resource and other constraints, the Committee
observes that significant problems of homelessness and inadequate housing
also exist in some of the most economically developed societies. The United
Nations estimates that there are over 100 million persons homeless worldwide
and over 1 billion inadequately housed. d There is
no indication that this number is decreasing. It seems clear that no State
party is free of significant problems of one kind or another in relation
to the right to housing.

5. In some instances, the reports of States parties examined by the
Committee have acknowledged and described difficulties in ensuring the
right to adequate housing. For the most part, however, the information
provided has been insufficient to enable the Committee to obtain an adequate
picture of the situation prevailing in the State concerned. This General
Comment thus aims to identify some of the principal issues which the Committee
considers to be important in relation to this right.

6. The right to adequate housing applies to everyone. While the reference
to "himself and his family" reflects assumptions as to gender
roles and economic activity patterns commonly accepted in 1966 when the
Covenant was adopted, the phrase cannot be read today as implying any limitations
upon the applicability of the right to individuals or to female-headed
households or other such groups. Thus, the concept of "family"
must be understood in a wide sense. Further, individuals, as well as families,
are entitled to adequate housing regardless of age, economic status, group
or other affiliation or status and other such factors. In particular, enjoyment
of this right must, in accordance with article 2 (2) of the Covenant, not
be subject to any form of discrimination.

7. In the Committee's view, the right to housing should not be interpreted
in a narrow or restrictive sense which equates it with, for example, the
shelter provided by merely having a roof over one's head or views shelter
exclusively as a commodity. Rather it should be seen as the right to live
somewhere in security, peace and dignity. This is appropriate for at least
two reasons. In the first place, the right to housing is integrally linked
to other human rights and to the fundamental principles upon which the
Covenant is premised. This "the inherent dignity of the human person"
from which the rights in the Covenant are said to derive requires that
the term "housing" be interpreted so as to take account of a
variety of other considerations, most importantly that the right to housing
should be ensured to all persons irrespective of income or access to economic
resources. Secondly, the reference in article 11 (1) must be read as referring
not just to housing but to adequate housing. As both the Commission on
Human Settlements and the Global Strategy for Shelter to the Year 2000
have stated: "Adequate shelter means ... adequate privacy, adequate
space, adequate security, adequate lighting and ventilation, adequate basic
infrastructure and adequate location with regard to work and basic facilities
- all at a reasonable cost".

8. Thus the concept of adequacy is particularly significant in relation
to the right to housing since it serves to underline a number of factors
which must be taken into account in determining whether particular forms
of shelter can be considered to constitute "adequate housing"
for the purposes of the Covenant. While adequacy is determined in part
by social, economic, cultural, climatic, ecological and other factors,
the Committee believes that it is nevertheless possible to identify certain
aspects of the right that must be taken into account for this purpose in
any particular context. They include the following:

(a) Legal security of tenure. Tenure takes a variety of forms, including
rental (public and private) accommodation, cooperative housing, lease,
owner-occupation, emergency housing and informal settlements, including
occupation of land or property. Notwithstanding the type of tenure, all
persons should possess a degree of security of tenure which guarantees
legal protection against forced eviction, harassment and other threats.
States parties should consequently take immediate measures aimed at conferring
legal security of tenure upon those persons and households currently lacking
such protection, in genuine consultation with affected persons and groups;

(b) Availability of services, materials, facilities and infrastructure.
An adequate house must contain certain facilities essential for health,
security, comfort and nutrition. All beneficiaries of the right to adequate
housing should have sustainable access to natural and common resources,
safe drinking water, energy for cooking, heating and lighting, sanitation
and washing facilities, means of food storage, refuse disposal, site drainage
and emergency services;

(c) Affordability. Personal or household financial costs associated
with housing should be at such a level that the attainment and satisfaction
of other basic needs are not threatened or compromised. Steps should be
taken by States parties to ensure that the percentage of housing-related
costs is, in general, commensurate with income levels. States parties should
establish housing subsidies for those unable to obtain affordable housing,
as well as forms and levels of housing finance which adequately reflect
housing needs. In accordance with the principle of affordability, tenants
should be protected by appropriate means against unreasonable rent levels
or rent increases. In societies where natural materials constitute the
chief sources of building materials for housing, steps should be taken
by States parties to ensure the availability of such materials;

(d) Habitability. Adequate housing must be habitable, in terms
of providing the inhabitants with adequate space and protecting them from
cold, damp, heat, rain, wind or other threats to health, structural hazards,
and disease vectors. The physical safety of occupants must be guaranteed
as well. The Committee encourages States parties to comprehensively apply
the Health Principles of Housing e prepared by WHO which
view housing as the environmental factor most frequently associated with
conditions for disease in epidemiological analyses; i.e. inadequate and
deficient housing and living conditions are invariably associated with
higher mortality and morbidity rates;

(e) Accessibility. Adequate housing must be accessible to those entitled
to it. Disadvantaged groups must be accorded full and sustainable access
to adequate housing resources. Thus, such disadvantaged groups as the elderly,
children, the physically disabled, the terminally ill, HIV-positive individuals,
persons with persistent medical problems, the mentally ill, victims of
natural disasters, people living in disaster-prone areas and other groups
should be ensured some degree of priority consideration in the housing
sphere. Both housing law and policy should take fully into account the
special housing needs of these groups. Within many States parties increasing
access to land by landless or impoverished segments of the society should
constitute a central policy goal. Discernible governmental obligations
need to be developed aiming to substantiate the right of all to a secure
place to live in peace and dignity, including access to land as an entitlement;

(f) Location. Adequate housing must be in a location which allows access
to employment options, health-care services, schools, child-care centres
and other social facilities. This is true both in large cities and in rural
areas where the temporal and financial costs of getting to and from the
place of work can place excessive demands upon the budgets of poor households.
Similarly, housing should not be built on polluted sites nor in immediate
proximity to pollution sources that threaten the right to health of the
inhabitants;

(g) Cultural adequacy. The way housing is constructed, the building
materials used and the policies supporting these must appropriately enable
the expression of cultural identity and diversity of housing. Activities
geared towards development or modernization in the housing sphere should
ensure that the cultural dimensions of housing are not sacrificed, and
that, inter alia, modern technological facilities, as appropriate are also
ensured.

9. As noted above, the right to adequate housing cannot be viewed in
isolation from other human rights contained in the two International Covenants
and other applicable international instruments. Reference has already been
made in this regard to the concept of human dignity and the principle of
non-discrimination. In addition, the full enjoyment of other rights - such
as the right to freedom of expression, the right to freedom of association
(such as for tenants and other community-based groups), the right to freedom
of residence and the right to participate in public decision-making - is
indispensable if the right to adequate housing is to be realized and maintained
by all groups in society. Similarly, the right not to be subjected to arbitrary
or unlawful interference with one's privacy, family, home or correspondence
constitutes a very important dimension in defining the right to adequate
housing.

10. Regardless of the state of development of any country, there are
certain steps which must be taken immediately. As recognized in the Global
Strategy for Shelter and in other international analyses, many of the measures
required to promote the right to housing would only require the abstention
by the Government from certain practices and a commitment to facilitating
"self-help" by affected groups. To the extent that any such steps
are considered to be beyond the maximum resources available to a State
party, it is appropriate that a request be made as soon as possible for
international cooperation in accordance with articles 11 (1), 22 and 23
of the Covenant, and that the Committee be informed thereof.

11. States parties must give due priority to those social groups living
in unfavourable conditions by giving them particular consideration. Policies
and legislation should correspondingly not be designed to benefit already
advantaged social groups at the expense of others. The Committee is aware
that external factors can affect the right to a continuous improvement
of living conditions, and that in many States parties overall living conditions
declined during the 1980s. However, as noted by the Committee in its General
Comment 2 (1990) (E/1990/23, annex III), despite externally caused problems,
the obligations under the Covenant continue to apply and are perhaps even
more pertinent during times of economic contraction. It would thus appear
to the Committee that a general decline in living and housing conditions,
directly attributable to policy and legislative decisions by States parties,
and in the absence of accompanying compensatory measures, would be inconsistent
with the obligations under the Covenant.

12. While the most appropriate means of achieving the full realization
of the right to adequate housing will inevitably vary significantly from
one State party to another, the Covenant clearly requires that each State
party take whatever steps are necessary for that purpose. This will almost
invariably require the adoption of a national housing strategy which, as
stated in paragraph 32 of the Global Strategy for Shelter, "defines
the objectives for the development of shelter conditions, identifies the
resources available to meet these goals and the most cost-effective way
of using them and sets out the responsibilities and time-frame for the
implementation of the necessary measures". Both for reasons of relevance
and effectiveness, as well as in order to ensure respect for other human
rights, such a strategy should reflect extensive genuine consultation with,
and participation by, all of those affected, including the homeless, the
inadequately housed and their representatives. Furthermore, steps should
be taken to ensure coordination between ministries and regional and local
authorities in order to reconcile related policies (economics, agriculture,
environment, energy, etc.) with the obligations under article 11 of the
Covenant.

13. Effective monitoring of the situation with respect to housing is
another obligation of immediate effect. For a State party to satisfy its
obligations under article 11 (1) it must demonstrate, inter alia, that
it has taken whatever steps are necessary, either alone or on the basis
of international cooperation, to ascertain the full extent of homelessness
and inadequate housing within its jurisdiction. In this regard, the revised
general guidelines regarding the form and contents of reports adopted by
the Committee (E/C.12/1991/1) emphasize the need to "provide detailed
information about those groups within ... society that are vulnerable and
disadvantaged with regard to housing". They include, in particular,
homeless persons and families, those inadequately housed and without ready
access to basic amenities, those living in "illegal" settlements,
those subject to forced evictions and low-income groups.

14. Measures designed to satisfy a State party's obligations in respect
of the right to adequate housing may reflect whatever mix of public and
private sector measures considered appropriate. While in some States public
financing of housing might most usefully be spent on direct construction
of new housing, in most cases, experience has shown the inability of Governments
to fully satisfy housing deficits with publicly built housing. The promotion
by States parties of "enabling strategies", combined with a full
commitment to obligations under the right to adequate housing, should thus
be encouraged. In essence, the obligation is to demonstrate that, in aggregate,
the measures being taken are sufficient to realize the right for every
individual in the shortest possible time in accordance with the maximum
of available resources.

15. Many of the measures that will be required will involve resource
allocations and policy initiatives of a general kind. Nevertheless, the
role of formal legislative and administrative measures should not be underestimated
in this context. The Global Strategy for Shelter (paras. 66-67) has drawn
attention to the types of measures that might be taken in this regard and
to their importance.

16. In some States, the right to adequate housing is constitutionally
entrenched. In such cases the Committee is particularly interested in learning
of the legal and practical significance of such an approach. Details of
specific cases and of other ways in which entrenchment has proved helpful
should thus be provided.

17. The Committee views many component elements of the right to adequate
housing as being at least consistent with the provision of domestic legal
remedies. Depending on the legal system, such areas might include, but
are not limited to: (a) legal appeals aimed at preventing planned evictions
or demolitions through the issuance of court-ordered injunctions; (b) legal
procedures seeking compensation following an illegal eviction; (c) complaints
against illegal actions carried out or supported by landlords (whether
public or private) in relation to rent levels, dwelling maintenance, and
racial or other forms of discrimination; (d) allegations of any form of
discrimination in the allocation and availability of access to housing;
and (e) complaints against landlords concerning unhealthy or inadequate
housing conditions. In some legal systems it would also be appropriate
to explore the possibility of facilitating class action suits in situations
involving significantly increased levels of homelessness.

18. In this regard, the Committee considers that instances of forced
eviction are prima facie incompatible with the requirements of the Covenant
and can only be justified in the most exceptional circumstances, and in
accordance with the relevant principles of international law.

19. Finally, article 11 (1) concludes with the obligation of States
parties to recognize "the essential importance of international cooperation
based on free consent". Traditionally, less than 5 per cent of all
international assistance has been directed towards housing or human settlements,
and often the manner by which such funding is provided does little to address
the housing needs of disadvantaged groups. States parties, both recipients
and providers, should ensure that a substantial proportion of financing
is devoted to creating conditions leading to a higher number of persons
being adequately housed. International financial institutions promoting
measures of structural adjustment should ensure that such measures do not
compromise the enjoyment of the right to adequate housing. States parties
should, when contemplating international financial cooperation, seek to
indicate areas relevant to the right to adequate housing where external
financing would have the most effect. Such requests should take full account
of the needs and views of the affected groups.

See, for example, article 25 (1) of the Universal
Declaration on Human Rights, article 5 (e) (iii) of the International Convention
on the Elimination of All Forms of Racial Discrimination, article 14 (2)
of the Convention on the Elimination of All Forms of Discrimination against
Women, article 27 (3) of the Convention on the Rights of the Child, article
10 of the Declaration on Social Progress and Development, section III (8)
of the Vancouver Declaration on Human Settlements, 1976 (Report of Habitat:
United Nations Conference on Human Settlements (United Nations publication,
Sales No. E.76.IV.7 and corrigendum), chap. I), article 8 (1) of the Declaration
on the Right to Development and the ILO Recommendation Concerning Workers'
Housing, 1961 (No. 115).